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  1. #1
    Join Date
    Mar 2013
    Posts
    3

    Default Does a Spouse's Income Factor Into Child Support

    My question involves child support in the State of: Oregon

    We've been divorced 3 1/2 years and separated 6 1/2. My kids now are 17 and 13.

    We went to a mediator before the divorce. We had already agreed to 50/50 joint legal and physical custody. Because we were 50/50 and because our incomes were similar we agreed to no child support. After a successful mediation, the mediator encouraged us to meet annually and share our tax returns and other financial issues. We have done this the past few years. However I have noticed that as my income has increased more than hers over the past 4 years she has made some comments. We still have the same jobs for the same employers; I have just been fortunate in a tough economy to have gotten better raises and bonuses.

    This year she demanded to see not only my current tax return but the past few. When I asked why she indicated that she believed I might be using my 401k to "hide" money from her to make it seem like I am making less. Of course this was absurd as she had access to my W2 and entire return to examine if she wanted to. She then said that we had to deal with the issue of "the discrepancy" between our salaries. So obviously she is hinting that she will ask for money and I suggested we return to the mediator, which she agreed to.

    Now I have always brought along my tax return but she has only shown me her W2. I never cared, thinking this was just an exercise. But the reality is she is remarried and her husband has I am sure a decent salary.

    In addition, she is now the co-trustee of her mother's trust fund. My guess is that the trust has approx. 1 million dollars. My kids are 2 of the beneficiaries but I am sure that she and her brother are the primary beneficiaries.

    My questions:
    1. When re-figuring child support, does the new husband's income factor in? Her income + his would certainly equal or exceed mine.
    2. If we went to court, would the trust fund be a consideration? I mean can she claim "woe is me my ex-husband earns more money" when she manages a large trust fund that she either now or in the future benefits from?
    3. While we agreed to a 50-50 split the reality is that I have always had my kids over 50% of the time. My son was with me nearly 100% of the time last year when he and his mother could not get along. I did not ask for child support from her. Is this something I can or should bring up now, if she asks me for money?
    3. I know of no divorced friends who share their financial records annually, like we agreed to do, and now I think this turned out to be a bad thing. Is this standard? Am I crazy to continue doing it lol?

    Thanks!

  2. #2
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    407

    Default Re: Child Support Adjustment Concerns

    1. No
    2. It depends. If she's a beneficiary and is receiving money from the trust it will be considered income for purposes of child support.
    3. Timeshare is a factor that's taken into account for purposes of a support determination. That will only be relevant as to the present and moving forward, not as to the past.
    4. Maybe.

  3. #3
    Join Date
    Mar 2013
    Posts
    3

    Default Re: Child Support Adjustment Concerns

    Well I assume this is the answer but it still sounds nuts. I am almost tempted to have her take me to court just so I can tell the judge: "I have the kids 55% of the time, she and her spouse make 140k a year and she runs a million dollar trust fund - but I should owe her money."

    As to time share support determination - you really mean I cannot show the history as an indication of future? Again kinda nuts!

    Are there any other cards in my deck to use to make her see reason. I have always taken the kids extra and paid extra stuff. Would withdrawing all of that be a reasonable countermove. I do now make a good living (finally) but I am 60 years old and frantically saving to my 401k. If I have to start kicking her money any retirement ends and I will have to work till I drop.

  4. #4
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    407

    Default Re: Child Support Adjustment Concerns

    Quote Quoting davewe
    View Post
    Well I assume this is the answer but it still sounds nuts. I am almost tempted to have her take me to court just so I can tell the judge: "I have the kids 55% of the time, she and her spouse make 140k a year and she runs a million dollar trust fund - but I should owe her money."

    As to time share support determination - you really mean I cannot show the history as an indication of future? Again kinda nuts!

    Are there any other cards in my deck to use to make her see reason. I have always taken the kids extra and paid extra stuff. Would withdrawing all of that be a reasonable countermove. I do now make a good living (finally) but I am 60 years old and frantically saving to my 401k. If I have to start kicking her money any retirement ends and I will have to work till I drop.
    Oops, clarification for you - you can use the history to demonstrate actual timeshare but not to modify the support order in the past or claim you overpaid in the past since one child was with you almost 100% of the time. Make sense?

    Her spouse's income is irrelevant.

    Can you prove that she's pulling an income from the trust, even as a trustee and not a beneficiary? If she files for modification and I was in your situation, I'd be wanting to get a look at that trust and bank records.

    I don't know how you can make her see "reason" because I don't know her. Even if I did, child support battles can be vicious. They suck.

    I get what you're saying - all of it. I get your frustration and am completely sympathetic to your POV. Does your order speak to when child support ends?

  5. #5
    Join Date
    Mar 2013
    Posts
    3

    Default Re: Child Support Adjustment Concerns

    Quote Quoting EA1070a
    View Post
    Oops, clarification for you - you can use the history to demonstrate actual timeshare but not to modify the support order in the past or claim you overpaid in the past since one child was with you almost 100% of the time. Make sense?

    Her spouse's income is irrelevant.

    Can you prove that she's pulling an income from the trust, even as a trustee and not a beneficiary? If she files for modification and I was in your situation, I'd be wanting to get a look at that trust and bank records.

    I don't know how you can make her see "reason" because I don't know her. Even if I did, child support battles can be vicious. They suck.

    I get what you're saying - all of it. I get your frustration and am completely sympathetic to your POV. Does your order speak to when child support ends?
    To clarify - there is no current support order. We had 50-50 and agree to no child support. But over 4 years my income increased and hers has not (at least the parts I know of) and now she is strongly hinting I should owe her. So we are meeting with the mediator again and I want to know what my rights and obligations are.

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